[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Berlin 6-17-1968 by Ord. No. 68-3 as Ch. 75 of the 1968 Code. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 315.
The following words and phrases and their derivatives when used in this chapter shall have the meaning hereinafter ascribed to them:
- The Borough of Berlin, in the County of Camden and State of New Jersey.
- The practice of driving about the streets of the Borough with a taxicab so as to solicit passengers or to bring the presence of the taxicab to the attention of prospective passengers. A taxicab driving along the streets of this Borough for any purpose other than while transporting a passenger going to a definite destination by the most direct route in response to a call for a taxicab by a prospective passenger or returning by the most direct route to the taxicab's home, terminus or stand after discharging a passenger or going to or from the said terminus or stand to the driver's home by the most direct route shall be prima facie evidence of cruising.
- Any person who drives a taxicab within the Borough of Berlin.
- Licensed in accordance with the appropriate section of this chapter.
- OPERATION OF A TAXICAB
- Shall consist of transportation in such taxicab of one or more persons for hire along any of the streets or highways in this Borough from a point within the Borough to a point within or without the Borough limits. Accepting a passenger for such transportation for hire in this Borough shall be deemed to be operation of a taxicab within the meaning hereof. The operation of a taxicab in any of the above-described manners by one other than the owner shall be deemed operation by the owner thereof as well as by the person actually driving the same. The transportation of any person other than the owner or driver in any motor vehicle bearing a sign or signs therein or thereon using the words "taxi," "taxicab," "cab," or "hack" shall be prima facie evidence of operation.
- Any person, corporation, association or other entity in whose name title to any taxicab is registered with the New Jersey Department of Motor Vehicles or who appears in such records to be the conditional vendee or lessee thereof.
- Includes the plural as well as the singular and means any individual, copartnership, association, corporation, joint-stock company or other legal entity, and lessees, trustees or receiver appointed by any other court or otherwise.
- The taxicab shall be operated and available within the Borough of Berlin on a twenty-hour basis on each and every day of the week, including Sundays and holidays, and shall at all times stand ready to serve the public in accordance with all terms and provisions of this chapter and any and all applicable laws of the State of New Jersey.
- STREETS AND HIGHWAYS
- Includes any street, avenue, park, parkway, highway or other public place or any part thereof.
- Includes any automobile or motor car, commonly called "taxi," engaged in the business of carrying passengers for hire which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or highways within the Borough of Berlin and which accepts passengers for transportation from points or places within the Borough to points or places within or without the Borough.
From and after the effective date of this chapter no person shall operate any taxicab within this Borough unless both the taxicab and the driver thereof are licensed pursuant to this chapter and conform to all the provisions hereof; provided that such taxicab licenses as are now issued and outstanding shall remain effective until their respective expiration dates, and the taxicabs thereby licensed shall be deemed to be licensed pursuant to the terms of this chapter, until such licenses are surrendered, suspended, revoked or have expired, provided nevertheless, that in all other particulars said taxicabs, their owners and operators shall be subject to all the provisions hereof.
There are hereby established two classes of taxicab licenses to be known as "taxicab driver's license" and "taxicab owner's license," respectively.
A taxicab driver's license shall entitle the person named therein to operate within this Borough any taxicab duly licensed hereunder until the said license either expires or is surrendered, suspended or revoked and shall not be transferable.
A taxicab owner's license shall entitle the taxicab therein described to be operated in this Borough by a driver duly licensed hereunder until the said license either expires or is surrendered, suspended or revoked and shall not be transferable.
Any license issued pursuant to the terms of this chapter shall expire at midnight of the 31st day of December of the year in which it was issued unless sooner surrendered, suspended or revoked.
The number of taxicab owner's licenses at any one time issued and outstanding shall not exceed 12 in number. No one owner shall be permitted to have more than three taxicab owner's licenses at any time.
All applications for the issuance or renewal of any license of either class shall be made to the Borough Council in duplicate on forms adopted by said Borough Council and obtained from the Borough Clerk and designed to elicit information respecting the identification, responsibility and law-abiding habits of the applicant.
Each applicant for a license of either class shall supply the information requested on the application in full and verify the correctness thereof by his oath or affirmation and thereafter file the completed applications with the Borough Clerk together with the full amount of the proper fee hereinafter fixed therefor; the Borough Clerk shall thereupon notify the Mayor and each member of Borough Council, in writing, of the name and address of the applicant and the type of license sought and shall post notice after such application in at least one public place in said Borough.
Each applicant for a taxicab driver's license shall:
Be of the age of 18 years;
[Amended 2-5-1973 by Ord. No. 73-1]
Be a citizen of the United States and a resident of the County of Camden;
Hold a valid motor vehicle driver's license issued pursuant to the New Jersey Motor Vehicle Laws;
File with his application two photographs each 3 1/2 inches by 3 1/2 inches in size, clearly depicting the facial features of the applicant, both of which photographs shall thereupon become the property of the Borough and be retained with the application form unless the license shall be issued in which event one of such photographs shall be permanently affixed to the license card in a space provided thereon.
Every applicant for a taxicab driver's license shall, at the time of filing his application, be fingerprinted by the Police Department of the Borough of Berlin; an impression of such fingerprints shall thereupon be forwarded forthwith by the Police Department to the Bureau of Identification of the New Jersey State Police for a report of applicant's criminal record which report when received shall be permanently affixed to the application before consideration thereof by Borough Council.
[Amended 2-27-2002 by Ord. No. 2002:1]
Every applicant for a taxicab owner's license shall together with his application submit an insurance policy, of a company duly licensed to transact business under the insurance laws of this state, conditioned for the payment of a sum of not less than $500,000 to satisfy all claims for damages, by reason of bodily injury to or the death of any one person, resulting from an accident; and a sum of not less than $1,000,000 to satisfy all claims for damages by reason of the bodily injuries to or the death of all persons, on account of any such accident, by reason of the ownership, operation, maintenance or use of such taxicab; and conditioned for the payment of a sum not less than $50,000 to satisfy all claims for damages to property of all persons, on account of any such accident, by reason of the ownership operation, maintenance or use of such taxicab.
The annual fee for each taxicab driver's license hereafter issued or any renewal thereof shall be $10 for each year for which the license is issued or renewed and the annual fee for each taxicab owner's license issued or renewed shall be $25 for each year for which the license is issued or renewed, except that where any such license shall be issued after July 1, the appropriate license fee shall be 1/2 or 50% thereof. No part of such fee shall be refunded for any reason, except that upon the denial of an application for issuance or renewal of a license by Borough Council 75% of the fee deposited shall be returned to the applicant and 25% shall be retained by the Borough as compensation for investigation of the applicant.
The Borough Council may, in its discretion, refuse to issue or renew or may, after notice and hearing, revoke or suspend:
Any license of either class if the applicant for the license has been convicted of a crime in this or any other jurisdiction, or convicted of being a disorderly person or of a violation of Title 39 — "Motor Vehicles and Traffic Regulation" of the Revised Statutes of New Jersey, or who violates any provision of this chapter or has any judgment unsatisfied of record against him arising out of an automobile accident or who has made false answers in his application for such license or any renewal thereof or who has failed or fails to render reasonably prompt, safe and adequate taxicab service or who has not complied fully with all requirements of this chapter for such class of license; or
Any taxicab driver's license if the licensee or applicant has in any degree contributed to any injury to person or damage to property arising out of negligent operation of a motor vehicle, or has any communicable or contagious disease; or
Any taxicab owner's license if the motor vehicle licensed or to be licensed, by reason of unsafe or unsanitary condition, is dangerous to the safety, health or welfare of the occupants or others, or if the policies of insurance required herein has once lapsed or such coverage not maintained at all times; or
Any license of either class for cause deemed by Borough Council to be detrimental to the health and/or public welfare of the residents of the Borough or prospective passengers of any taxicab.
Each applicant granted a taxicab driver's license shall be issued a license card in evidence thereof in a form approved by Borough Council and signed by the Borough Clerk in its behalf; such license card shall at all times be prominently displayed and adequately protected in the interior of any taxicab operated by the licensee so that the face thereof shall be at all times in the full view of and plainly legible to any passenger; the said license card shall at all times and remain the property of the Borough and at the direction of Borough Council shall at any time be surrendered to the Borough Clerk.
No taxicab driver's license card other than that of the licensee actually operating the cab at the time shall be displayed therein.
No taxicab shall hereafter be operated in this Borough unless and until there is prominently displayed in the interior thereof within the full view and access of any passengers therein a complete list of fares, charges or tariff rates charged for transportation of passengers, which fares, charges or tariff rates so displayed and no other, shall be those to be charged any passengers so transported. A schedule of such fares shall be filed with the Borough Clerk by the holder of each taxicab owner's license at the time of the issuance of each such license, and shall not be thereafter changed until application for such change shall have been made to Borough Council and such change duly approved by that body.
Every taxicab so licensed shall have painted on both sides thereof the words "taxi" or "cab" in letters at least six inches high, or the name of the operating owner containing the words "taxi," "cab" or "taxicab" or an electric sign affixed to the top of the motor vehicle in clear view from all sides bearing the words "taxi," "cab" or "taxicab."
The owner of each taxicab so licensed shall keep or cause to be kept a written daily record of each trip made by the said taxicab showing the date, time and place the cab was engaged, the place and time of discharge of the passenger, the number of passengers carried, the fare received, distance carried, a statement of receipts and expenditures and the taxicab driver's license number of the person driving the cab on the trip. Such records shall be subject to inspection by the Police Department of the Borough and of Borough Council at their discretion. There shall also be reported to the Borough Clerk the happening of an accident involving such taxicab or the loss of property left in the taxicab by a passenger within 24 hours after such event.
The owner and operator of each taxicab operating in the Borough shall keep his taxicab in good running order so that it makes a presentable appearance and affords comfortable safe rides to passengers, free from mechanical defects, loose fenders, dents, loose doors, broken or soiled upholstery and broken or cracked glass. The owner and operator of each taxicab operating in the Borough shall present his taxicab to the Chief of Police or other designated officer prior to the issuance or renewal of his license and thereafter upon request of said Chief of Police or other designated officers so that it may be inspected to determine whether it complies with the provisions of this chapter.
Borough Council may by resolution, make such general rules and regulations and such special findings and rulings as may be necessary for the proper regulation and control of the operation of taxicabs in the Borough and the enforcement of this chapter, in addition to and not inconsistent herewith, and may alter, amend, repeal and publish the same from time to time.
The violation by the taxicab owner or the taxicab driver of any rules, regulations, special findings and rulings which are hereafter promulgated by Borough Council and included within a resolution or resolutions adopted by said governing body shall be sufficient cause for revocation of any license granted to such taxicab owner or taxicab driver pursuant to this chapter and/or shall be sufficient cause for the refusal to renew such license in addition to any and all other grounds specifically mentioned in this chapter.
Any person or persons who shall violate any of the provisions of this chapter shall upon conviction thereof be subject to a fine not exceeding $200, or imprisonment in the county jail for a term not exceeding 90 days in the discretion of the Judge by whom such person is convicted.